State Supreme Court mulls Macomb County murder case

Macomb prosecutors will lose their chance to try to send a man to prison for life without parole if the state Supreme Court rules against them in a case heard last week.

The state’s high court last week listened to arguments in the case of Dwayne Wilson, who was convicted of felony murder for the 2009 fatal shooting of Kenyetta Williams, 32, the boyfriend of his ex-girlfriend, in a Warren condominium.

If prosecutors lose, they could still charge Wilson with second-degree murder, which carries a sentence of “any number of years” up to life, but they couldn’t charge him with felony murder, which carries a mandatory sentence of life without parole.

The case raises a unique double-jeopardy issue resulting from a jury issuing a verdict called inconsistent by at least two justices and two attorneys at the Dec. 10 hearing. The jury in 2009 convicted Wilson of felony murder but acquitted him of the underlying charge, first-degree home invasion, that by law allowed the felony murder charge. The jury also acquitted him of first-degree premeditated murder, and convicted him of second-degree murder.

The verdict was overturned and a new trial ordered by the state Court of Appeals because Judge Matthew Switalski banned Wilson from representing himself without sufficient consideration.

For the new trial, Macomb prosecutors tried to again charge Wilson with felony murder and first-degree home invasion. But Switalski prevented it, in essence saying Wilson cannot be tried twice for the same offense. He was reversed by the COA, but the Supreme Court agreed to hear Wilson’s appeal.

Wilson, 43, and his appellate attorney contend he cannot be charged with felony murder because he was acquitted of the predicate charge, home invasion, thereby violating the double jeopardy clause of the state and U.S. constitutions.

“They (Macomb prosecutors) want to say the first jury that came back and acquitted him of home invasion, that means nothing,” Wilson’s attorney Peter John Van Hoek told the justices.

Van Joek said during questioning by justices that there was “a substantial factual dispute at the trial over the home invasion element.” Wilson had been living with Katherine Horton at the scene of the crime, a condominium at 12 Mile and Dequindre roads. He had a key to the door lock.

Wilson during the incident bound Horton’s two teenage daughters and pistol-whipped Horton, for which he also was convicted of assault and false imprisonment, before shooting Williams.

County Assistant Prosecutor Josh Abbott, who argued for the prosecution, told the justices prior case law says Wilson can be charged again with felony murder. Abbott’s argument and interaction with justices constituted only about five minutes of the 35-minute hearing.

“The bottom line is we have inconsistent verdicts, and all the case law from the U.S. Supreme Court, and up and down, says that negates any application of” double jeopardy, Abbott said.

Van Hoek argued that the prior case law only addresses inconsistent verdicts following one trial, failing to consider the ramifications for a second trial.

He pointed out that preventing the felony murder charge doesn’t mean Wilson would escape potential punishment. “He’s going to face a second-degree murder charge along with all the other charges,” he said.

The Prosecuting Attorneys Association of Michigan also submitted a brief in support of Macomb prosecutors.